NO ARREST FOR THE POLICE IN ETHEM SARISÜLÜK CASE

TURKEY – Police officer Ahmet S. who was accused of killing Ethem Sarısülük has been released by 13th Ankara Magistrates’ Court.

Veli Dalgalı, the prosecutor in charge of the investigation against Ahmet Ş., summoned him for interrogation on June 24, according to Hurriyet Daily News.

Dalgalı then sent the police officer to court demanding his arrest. However, the court, following another interrogation, released the suspect pending trial, arguing that he remained “within the limits of self-defense.”

During a meeting between Dalgalı and the lawyers of Sarısülük’s family, which was held before the interrogation of Ahmet Ş., Dalgalı told the lawyers that there was neither a development nor a new report concerning the investigation, sources said. The prosecutor also told the lawyers that he would be leaving the courthouse later in the afternoon. Nonetheless, the lawyers eventually heard by coincidence that the police officer had been summoned for interrogation and that he had been sent to the court, Hurriyet Daily News reported.

Kazım Bayraktar, a lawyer for the Sarısülük family told journalists, “If the person who committed this crime was not a police officer, but was rather an ordinary citizen, he would have been under arrest by now. The police are being encouraged to commit crime. With this ruling, an assurance for the protection of police officers who commit crimes has appeared. The path to appeal to the European Court of Human Rights has been opened for us.”

Ethem Sarısülük was ‘allegedly’ shot in the head by a police in Kizilay Square, Ankara during anti-government protests.

A video on the internet shows an officer kicking away a demonstrator who is surrounded by 20 people waving flags and banners. The policeman points a gun at the group and fires before running off to a group of officers. A man collapses on the pavement as demonstrators surround the body and scream for help.

After the incident public prosecutor demanded the policeman’s name but the authorities refused to comply. Sarısülük’s lawyer, Kazim Bayraktar claimed a police cover-up was in progress. “It’s clear that the case was a police shooting, that’s what video images and witnesses have told us,” he said.

Although, constitution in Turkey grants the right for lawyers to be present in any post-mortem examination, the police tried to prevent Sarısülük’s lawyers to be present during the autopsy. Later, the autopsy results proved the death occurred because a of a 9mm bullet that entered into Ethem’s head and damaged his brain.

On the day of Sarısülük’s funeral (16.06.2013), riot police have blocked the ways to the central Kızılay Square early in the morning. Thousands of policemen were deployed in the area. The convoy that wanted to move from the Batıkent district to Kızılay was stopped by riot police and gendarmerie units. Past midday, following three separate interventions, the security forces toughened its crackdown on protesters near the Kızılay Square. Police attacked the people with intense tear gas and water cannons.

Although, 13th Ankara Magistrates’ Court justified the release of police officer Ahmet S. as “self-defense”, according to the law a police can only use a gun for self-defense in situations where he/she cannot break away from a life threatening situation or when there is an armed resistance against him/her. The video on the internet clearly shows that and when Ahmet S. fired his gun there was no life threatening situation for him. Ethem Sarısülük was also unarmed when during the incident.